The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Plaintiff alleged importation of products made using the claimed methods in that the methods are used during the design process.

Designs 98

Designs Design Patent Patent Infringement 98

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Realtime Data v. Fortinet, No.

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Patent Law Law Patent Art 73

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

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Design Patent Designs Design Patent 52

Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The fourth and final case with a pending CVSG is Olaf Sööt Design, LLC v. Neapco Holdings LLC, et al. ,

Patent Law 95

Patent Law Law Patent Litigation 95

IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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Design Patent Art Designs Design 52

SpicyIP

AUGUST 1, 2021

The Report recommends that instead of completely abandoning patent applications for non-compliance with minor procedural/timeline requirements, penalties or fees should be imposed to induce some flexibility in the process. Lastly, the recommendation on improving the Patent Office website is a much welcome suggestion.

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Reporting Patent Law Patent Application Patent 136

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

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Patent Infringement Invention Patent Patent Law 52

JD Supra Law

AUGUST 17, 2022

The PRER could be used as evidence for the trial or dealing with patent infringement disputes. By: Linda Liu & Partners

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Reporting Patent Design Patent Patent Infringement 52

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. Therefore, Dastar ‘s unaccredited copying did not constitute a false designation of origin actionable under § 43(a) of the Lanham Act. Crocs largely prevailed in those actions.

False Advertising 113

False Advertising Advertising Advertising Patent 113

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Ridge Wallet LLC , — F.4th 4th — (Fed.

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Art Branding Brands Branding 123

JD Supra Law

JANUARY 7, 2022

The US Court of Appeals for the Second Circuit transferred an appeal of a preliminary injunction enjoining alleged copyright and trademark infringement to the US Court of Appeals for the Federal Circuit because the operative complaint included six counts of patent infringement and thus arose under patent law.

Patent Infringement 52

Patent Infringement Patent Law Designs Design 52

Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. ,

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Design Patent Art Designs Design 80

Patently-O

NOVEMBER 3, 2021

As Islamic countries have begun to embrace patents in recent decades, theories of patents have presented conceptual and theological debates under classical Islamic law, including for construing patentable subject matter and assessing patent infringement. patent law. patent system.

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Law Patent Intellectual Property Patent Infringement 106

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. An accused design does not have to exactly match the drawings.

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Design Patent Art Designs Design 80

LexBlog IP

NOVEMBER 15, 2022

As further explained below, companies should thus very seriously consider the inclusion of patent markings on all relevant products. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above. Patent Act has been provided. Design Patent No. 26, 2022) (Cote, J.).

Cease and Desist 52

Cease and Desist Design Patent Patent Designs 52

Patently-O

DECEMBER 30, 2021

Olaf Sööt Design’s pending petition for certiorari centers on the age-old division between issues-of-fact and issues-of-law. Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. Patent Law at the Supreme Court December 2021.

Law 56

Law Patent Patent Law Litigation 56

Patently-O

AUGUST 1, 2023

by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. This result is by design to ensure more national uniformity in application of the U.S. patent laws. SAP responded with denials and also added patent infringement counterclaims.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

43(B)log

DECEMBER 15, 2023

Dastar explicitly stated that the Lanham Act “does not exist to reward manufacturers for their innovation in creating a particular device” and that the Act’s “common law foundations. were not designed to protect originality or creativity.” “Yet Zobmondo Ent. Imagination Int’l Corp., CV 09-02235 ABC PLAX, 2009 WL 8714439, at *1 (C.D.

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

The IP Law Blog

JANUARY 18, 2024

. § 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” But there are exceptions and exclusions under patent law. See 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. Would a design patent be worth your money and time?

Design Patent 52

Design Patent Patent Patent Application Designs 52

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II. Fonts and Typefaces: Are they Copyrightable? Other News from Around the World.

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Reporting Designs Design Copyright 116

The IPKat

JANUARY 2, 2022

The analysis also referred to a pending case before the CJEU dealing with Community design law ( EUIPO v The KaiKai Company Jaeger Wichmann | C-382/21-P) and other EU trade mark cases from 2021. The search for EUTM case law before EU Courts from the previous year was based on decisions included in the eSearch Case Law database.

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Blogging IP Non-Fungible Tokens Cease and Desist 126

The IP Law Blog

APRIL 27, 2023

Any person other than the patent owner may file a petition for an IPR, challenging the patentability of any claim of an issued patent. In general, a petition cannot be filed until at least nine months after the grant of the patent.

Patent 98

Patent Litigation Patent Infringement Invention 98

Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

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Inventor Marketing Marketing Patent 73

Patently-O

AUGUST 19, 2022

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. . § 355(j)(2)(A)(vii)(IV).

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Branding Brands Branding Marketing 87

The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. Léon is currently finishing his PhD on the proportionality principle and injunctions for patent infringement in EU law.

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IP Intellectual Property Patent Law Technology 91

The IPKat

FEBRUARY 14, 2022

OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - 24 February 2022 OxFirst will hold a webinar on 24 February 2022, from 4:00pm to 5:00pm (CET), to discuss damage calculations in patent infringement cases in the US. Further details about the event and registration can be found here.

Intellectual Property 52

Intellectual Property Registration Patent Infringement Television 52

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

Patent 52

Patent Licensing Intellectual Property Technology 52

More Than Your Mark

SEPTEMBER 3, 2021

Patents are meant to cover new, useful, and non-obvious inventions (utility patents) and new and non-obvious designs (design patents). Additionally, all patents have a limited life span: twenty years from the earliest effective filing date of a utility patent and fifteen years from the issuance of a design patent.

Intellectual Property 40

Intellectual Property Patent Design Patent Designs 40

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. EL’s design also includes the idea of different elastic strengths. By November 2019, EL was satisfied with the design. After talking again with Jane, EL decided to patent the device. The sleeve also protects the rubber from UV damage.

Patent Law 76

Patent Law Law Patent Patent Application 76

LexBlog IP

JANUARY 18, 2024

. § 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” ” But there are exceptions and exclusions under patent law.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

The IP Law Blog

MAY 7, 2021

As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” ” A finding of subjective bad faith may be supported solely by circumstantial evidence, without inquiry into the plaintiff’s state of mind.

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Litigation Patent Infringement Patent Government 94

IP and Legal Filings

MARCH 27, 2024

Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. The purpose of submitting the application was to mitigate the risk of patent infringement amongst the ongoing legal proceedings.

Invention 64

Invention Patent Patent Infringement Technology 64

Patently-O

SEPTEMBER 13, 2021

FRAND licensing commitments are designed to alleviate the risk that SEP holders will prevent broad adoption of a standard by asserting their patents against manufacturers of standardized products. However, this case did not sound in patent infringement, but in breach of contract. Apportionment. Clark , 111 U.S.

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Licensing Contracts Patent Law Law 54

Intepat

AUGUST 25, 2023

The 2003 Rules came in super session of the erstwhile Patents Rules, 1972 and provided an elaborate description of the filing procedure and allied actions. However, considering the gap of 20 years, there was a need to bring about certain amendments with the changing interpretations and dynamics of patent law.

Patent 52

Patent Patent Application Government Designs 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Justice Prathiba M Singh’s Commentary on patents law released.

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Trademark Registration Copyright Patent 59

The IP Law Blog

OCTOBER 27, 2022

Plaintiff then moved to dismiss Defendant’s four newly added counterclaims in the FAC under Federal Rule of Civil Procedure 15 on grounds that Defendant failed to obtain Plaintiff’s consent or leave of court to file its FAC.

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False Advertising Patent Advertising Advertising 98